In this June 2017 file photo, Mark Charfauros, former Guam Police Department colonel, stands from his seat after appearing at a Civil Service Commission conference for his appeal.(Photo: PDN file photo)

The local court tossed out Guam Police Department’s appeal against ex-Col. Mark Charfauros after finding that police didn’t have a claim to file a petition with the court and finding that an employee isn't able to testify in management's case before the Civil Service Commission.

Charfauros was demoted and fired in connection with a Dec. 24, 2016 incident in Agat, part of which was captured on a police officer’s body camera and circulated on social media. Charfauros was shown in the video clip yelling at officers to move their police cars out of the road. Police said the officers were responding to reports of illegal fireworks.

The police department demoted Charfauros and then fired him for insubordination and unbecoming conduct for making false statements to the media about police activity, Pacific Daily News files state.

Appealed his demotion, firing

Charfauros spoke on a local radio talk show about the Agat incident and said the officers were improperly blocking the road and he believed they might be conducting illegal searches. Charfauros was told not to make comments about the incident outside the investigation.

Charfauros appealed his demotion and firing with the Civil Service Commission. The commission decided to void Charfauros’ demotion. The firing case is pending.

After the commission voted in Charfauros' favor, GPD took the demotion issue to Superior Court. Police wanted the court to reverse the commission's decision and send the case back to the commission for another hearing.

In the first hearing on the demotion case, GPD wanted to call Charfauros as their first witness but the commission didn’t allow that. No other witnesses were called and both police management and Charfauros made brief closing arguments, court documents state.

Without any witnesses or evidence presented, the commission sided with Charfauros because they said police management didn’t present any evidence to prove its case.

Dismissing GPD's petition

Perez, in his May 9 decision dismissing GPD’s petition, wrote that the commissioners not allowing GPD to call Charfauros as the first witness doesn’t create a cause of action for GPD.

Perez cited the law and wrote that an employee isn’t able to testify in management's case.

"The court finds...that an employee, as the respondent, may not be called as a witness until he has had an opportunity to testify on his own behalf and has failed to do so," Perez wrote.

Criminal case

Charfauros is also facing criminal charges in connection with Dec. 24, 2016 incident. He was charged with two counts of official misconduct and one count obstructing governmental function, all as misdemeanors, and is currently awaiting trial in this case.

CSC Executive Director Peter S. Calvo said that unless GPD appeals Perez's decision with the Supreme Court of Guam, the commission's vote to void Charfauros' demotion will stand as is.

Charfauros is still terminated from the police force and his appeal is still before commissioners, Calvo said. The commissioners have put the termination case on hold until the criminal case is resolved, Calvo said.